Minimum requirements
(a) Density. The average density of dwelling units in a residential compound development shall not exceed the following in the district therein located:
(1) One-half that allowed in Pojac Point residential.
(2) One-half that allowed in rural residential.
(3) One-third that allowed in neighborhood residential.
(4) One-fourth that allowed in village residential.
(5) One-half that allowed in low density residential.
(6) One-half that allowed in very low density residential.
Such densities shall be calculated only upon land suitable for development. Suitable land shall include only that land which has no development limitations, as defined in the subdivision and development regulations, appendix A of this Code. Water bodies may not be counted as suitable land.
(b) Dimensions. Dimensions shall be as follows:
(1) The minimum parcel size for development proposals shall be ten acres. After a preapplication conference between the applicant and the planning commission, the zoning board of review may grant a special use permit to this minimum size requirement.
(2) The minimum dimensions for lots within the compound shall be as follows:
Type of Unit Area (sq. ft.) Yards (feet) Single-family 20,000 15 Two-family 20,000 15 One-story accessory — 10 Two-story accessory — 15
(3) The minimum frontage of the parcel for development proposals shall be at least 50 feet in all residential districts. Additional frontage may be required if more than one access road is deemed necessary by the planning commission.
(c) Open space criteria. Criteria for open space shall be as follows:
(1) Not less than one-half of the total land area, including land both suitable and unsuitable for development, shall be devoted to common open space. Open space may be in one or more parcels, the size, location, shape and character of which must be suitable for the designated uses.
(2) Open space shall be protected against building development and environmental damage by conveying to the town an open space easement restricting the area against any future building or use and against the removal of soil, trees and other natural features, except as is consistent with conservation, recreation or agricultural uses or uses accessory to permitted uses.
(3) Use of the open space as permitted in subsection (c)(8) of this section shall be subject to site plan review by the planning commission. All structural improvements shall be a part of the final submission plans approved by the commission, or may be included by amendment at any time prior to the conveyance of the first lot. Following the conveyance of at least 51 percent of the lots, such improvements may be permitted by the commission with the written concurrence of at least two-thirds of the homeowners' association membership. No structure on the open space may be located within 50 feet of residential property abutting the compound development.
(4) The planning commission may designate significant natural features of the property to be owned in common by the compound residents for the residents' own enjoyment. Common access shall be provided for all compound residents to all common land.
(5) Strips of common land shall be permitted only as usable access paths between residences, streets and open space; as drainage areas; and as buffers.
(6) Access areas to the open space shall be clearly marked with appropriate materials to distinguish commonly owned open space area from private property.
(7) At least one-half of the common open space or 25 percent of the total land area shall be usable for active recreation. Provisions shall be made to ensure that no more than 20 percent of the open space will be devoted to paved areas and structures devoted to open space uses or uses accessory to permitted uses.
(8) Open space may be issued for active recreation, passive recreation, conservation, forestry, agriculture, natural buffer, open space, structures accessory to approved uses including garages, and utilities owned and operated by the homeowners' association for its own use, including septic systems and package sewage treatment facilities.
(9) Land which has been environmentally damaged prior to final approval of the development by the planning commission as a result of soil and earth removal operations, harvesting of trees or other natural features or refuse disposal or other causes shall not be accepted as common open space unless and until the land is restored to a condition which the planning commission determines to be reasonable and appropriate to effect the purpose of this article. The planning commission may grant final approval for a compound development subject to such restoration of the common space, provided an appropriate performance bond is posted.
(Rev. Ords. 1974, § 17-17-4; Ord. No. 94-12, § 1, 6-27-1994; Ord. No. 98-7, 5-11-1998)